Since TREC doesn’t offer a residential lease or commercial 合同, can my brokerage’s in-house attorney draft those 形式?
Texas Real Estate Commission rules allow you to use a form drafted by a Texas lawyer—including a brokerage’s in-house counsel—for a particular kind of transaction when no mandatory TREC form exists as long as the form contains:
- 准备表格的律师的名字
- The name of the broker for whom the form was prepared
- The type of transaction for which the lawyer approved the use of the form
- 对使用表单的任何限制.
If the form is an addendum that changes the rights, 义务, 或者一方的救济 under a mandatory TREC contract or addendum, 它必须有这些额外的项目:
- A statement about how the addendum changes the rights, 义务, 或者一方的救济, with a reference to the relevant paragraph number in the mandatory use form
- A statement that the form is not a mandatory TREC form
- A statement that TREC规则 prohibit real estate license holders from giving legal advice.
成员 of 德州2021十大正规彩票app经纪人® have exclusive access to more than 130 形式 for various types of real estate transactions not covered by mandatory TREC 形式, 包括住宅和商业形式. See if there is a form already available for your transaction in the 得克萨斯州2021十大正规彩票app的形式部分.com.
I do not see anywhere the requirements for all of the statements you suggest being mandatory. As long as the agent/broker has evidence that the form and/or changes are recommended by an attorney that should be enough, 在我看来. Normally there is at least an email string which meets the “requirements” you are espousing. 如果这是错误的,请告知.
Here is a link that talks about the proposal http://txrealtors.wordpress.com/about/texas-real-estate-commission-proposes-many-changes-at-its-august-meeting/
l too am at a loss to find a TREC Rule that mandates using TREC 形式. Can someone please tell me where to find that rule? 谢谢你!.
参见TRELA§1101.第155条,第537条.11
The lack of a TREC residential lease is a cause for TREC to be ashamed of themselves. I though TREC’s purpose was to protect the residents of Texas. Since a large amount of Texans live in rental dwellings, not having a uniform TREC form is a disgrace. It is clear TREC is not trying to protect a large segment of the Texas population in this matter. This shows me that TREC’s primary purpose is to keep real estate offices in business. It is interesting that there is a TREC form for a temporary lease in case of a sale of… 阅读更多»
You probably should become more familiar with Chapter 92 of the Texas Property Code. And actually, read lest say the 卖家 Temp Lease paragraphs 21 and 22. TREC has promulgated these 2 leases for a short-term lease of less than 90 days. The Texas Property code requires security devices be installed on rental property. Under a lease for less than 90 that requirement is waived. 除了, 必须安装烟雾探测器, inspected and repaired regardless of the term of the lease. The temp lease waives the landlord from inspecting and repairing the smoke detectors. 如果你真的觉得… 阅读更多»
I just use the TAR lease… I have not really ran into anyone that doesn’t.